Texting, social media dating apps, and music are all common sources of distracted driving in Roswell. The rise of technology has helped our society in many ways, but it’s also caused more accidents. If you were injured because another driver was distracted behind the wheel, you should speak with a Roswell distracted driving accident lawyer about your legal options.
John Foy & Associates has been helping accident victims seek the compensation they deserve for more than 20 years. We are passionate about (and dedicated to) protecting those who have been injured by another person’s or party’s negligence. If you or a loved one was harmed because of distracted driving, we’re here to help.
Our attorneys work on contingency, meaning we don’t collect a fee unless we win you money. Plus, the consultation is always FREE. To get started with your FREE consultation today, call us at (404) 400-4000 or contact us online.
The Definition of Distracted Driving in Roswell
According to the Centers for Disease Control and Prevention (CDC), distracted driving means “driving while doing another activity that takes your attention away from driving.” When someone drives while distracted, it increases the risk of an accident.
Examples of distracted driving include doing any of the following while driving:
- Talking on the phone or to passengers
- Eating or drinking
- Checking or putting on makeup
- Messing with the radio or a GPS system
- Checking social media, email, or some other phone app
- Trying to manage kids or pets in the vehicle
- And much more
Three Types of Distracted Driving
The CDC also outlines three different types of distractions someone can face while driving:
- Visual distractions that take your eyes off of the road,
- Manual distractions that take your hands off the wheel, and
- cognitive distractions that take your mind away from driving.
Some forms of distraction include all three types. The type of distraction doesn’t really matter; if it is causing the driver to remove their eyes, hands, or mind from the road, it is dangerous.
Georgia’s Laws for Driving While Distracted
In Roswell and the rest of Georgia, distracted driving is illegal. Like most other states, Georgia has also prohibited texting while driving. The following actions are also not allowed while driving:
- Using a handheld phone while on a call
- Reading or posting to social media
- Typing, sending, or reading text messages or emails
- Watching or recording videos
School bus drivers are not allowed to use any type of cell phone while driving, even if they are not touching it to talk on it. The same goes for drivers who are below the age of 18. Even if a driver is a teenager, they are still responsible for following driving laws and will be held liable if their distracted driving causes an accident.
Why Distracted Driving Is So Dangerous
Distracted driving is very risky because it prevents the driver from being fully focused on the road ahead. Even a moment of distraction can lead to devastating consequences. For example, experts say that in just a few seconds of checking their phone for a text, a driver going 55 miles per hour can span the length of a football field.
In Georgia, the negligent party in an injury accident is responsible for the resulting damages. When a driver is distracted behind the wheel, they are not acting as an ordinarily prudent person would while driving. A distracted driver puts others on the road in harm’s way, and that is negligence.
Not paying attention to the road can lead to a collision seemingly out of nowhere. If you were injured in an accident caused by a distracted driver, you legally have a right to seek compensation for your damages. To do so, you will need to demonstrate that the other driver was negligent and driving while distracted.
How to Prove That the Other Driver Was Distracted Behind the Wheel
To be eligible for financial recovery after a distracted driving accident, you’ll need to prove that the other driver was negligent. That means demonstrating that they were driving while distracted—which is not always easy.
If the driver was on their phone while driving before the accident, you can typically have your lawyer get the driver’s phone records. This can help show their phone use right before the crash. However, some forms of distraction are not so easy to show.
Thankfully, a Roswell distracted driving accident lawyer will know how to investigate the situation and look for evidence of distracted driving. The investigation can include getting a copy of the police report, speaking with eyewitnesses, viewing traffic camera footage, and more.
Be Wary of the Distracted Driver’s Insurance Company
If the other driver caused your accident, their insurance company may try to reach out to you after the accident. Insurance companies are most concerned about settlement claims soon and for the lowest amount of money possible. When the insurance adjuster contacts you, they might sound nice and even seem interested in how you’re doing—but don’t be fooled.
Insurance companies are skilled at looking for ways to reduce the value of an accident claim. They might try:
- Asking how you are doing but record what you say and use it against you later
- Offering you an upfront settlement that doesn’t come close to covering all of your damages
- Intimidating you into accepting a lower settlement than you deserve
- Downplaying the severity of your injuries or
- Taking a long time to respond to your claim
You are not expected to know how to deal with an insurance company after an accident. That’s why we recommend contacting a distracted driving accident lawyer as soon as you can. They can communicate and negotiate with the insurance company on your behalf—so you don’t have to worry about saying or doing something that could hurt your compensation potential.
Don’t Wait to Get Started on Your Claim
The statute of limitations for car accident claims in Georgia is two years (Georgia Code section 9-3-33). That time goes quickly, so don’t wait to get started. Contact an experienced attorney to make sure you are on track, legally protected from the beginning, and pursuing the fullest compensation possible for your damages.
Talk to a Roswell Distracted Driving Accident Lawyer for Free Today
Distracted driving can change your life overnight, but you shouldn’t have to bear the costs of someone else’s negligence and mistakes. At John Foy & Associates, we can help you build a strong claim and fight for your legal rights, as we’ve done for countless individuals over the past 20 plus years. We’ll handle the legal side of things so you can focus on healing.
We do not charge a fee unless we win you money, so there is no risk to you. To get a FREE consultation and discuss the details of your case with one of our experienced and compassionate lawyers, call (404) 400-4000 or contact us online today.